Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1887-06-09

HIN. NICluEulu lOUk HcT J1dSt, IuNlSHcU
Jewels and affection upon her, and on
their return to Colorado desired Polly
to buy handsome house where she
would. The young wife decided to 10
cate in California. Here she again met
Mitchell accidentally. Being away
from her husband she dropped her we'd
ding ring and firted, very innocently,
she claims, with Mitchell, as Polly Bond.
Later, she decided that she would not
live in California, and returning to Col
orado, confessed to her husband the
joke she had played on Mitchell, beg
ging his pardon for the same. From
that time Medium grew insanely jeal-
Gus and tainted Polly with her regard
for Mitchell until she could stand it no
longer and applied for divorce. Mel
drum agreed upon the separation and
Polly agreed to reconyey to him the
Delta property which he had given her
soon after her marriage, keeping the
property he had purchased for her resi-
dence on Capitol HILL Denver. At this
time, about year ago, she and her
mother went away, and coming to Wis
consin, took refuge in the farm house
Of Tom Trollope about seven miles from
Lancaster, where they spent the sum-
mer, furnishing the sensation Of the
season with the rumors which followed
hem. These reports, it will be seen,
had some slight foundation in fact, mas
much as she had twice seen Mitchell
and had probably heard of Sullivan
While Polly was here, at Trollopes,
Medium got the divorce himself, and
filed petition for reconveyance of the
Capitol hill and Delta property. The
decision was partly against poor Polly,
and Judge Rittenhouse fulfilled the
ends of poetic justice, at least, for it is
said that he took the Capitol hill prop
erty away from her because she did not
love her husband.
The opinion of the court is immense
ly amusing and is as follows:
These parties, the plaintiff and de-
PENDANT, were married on December 3.
| believe 1884, after the usual season of
courtship, and on October 3, 1885 that
being the birthday of defendant. this
first conveyance in controversy was
made, and few months thereafter the
second conveyance. hat beng think
the 10th day of February. 1886. and
this suit is brought to set aside both
these conveyances npon the ground of
their being obtained by fraud of the de-
PENDANT on the plaintiff, they being con-
veyances without what is known in law
as reliable consideration, but a good
consideration if no fraud exists.
1.-The court is satisfied from the evil
dence that at the time of his marriage,
and before and afterward, the plaintiff
was deeply in love with the defendant
to that extent in which men is intatu-
ated almost; and the court is further
satisfied that at the time. and before
and afterward, the defendant did not
at any time love the plaintiff, aud that
in one sense of the word the marriage
on her part was for mercenary motive
that is, in one sense she married him
for his money.
Where woman thus marrieS man
for his money-and | mean by that, he
being rich, wealthy, prosperous, will
furnish her good home, and she will
play upon him to have him expend
money for her in their home, and sur
round her with luxury and comfort, al
though she has no affection for him, but
if she intends to remain his wife and TO
spend her life with him the court can
not say that that is fraud, because it is
apparent TO the court that many of the
marriages in this age and time are just
like that. So, if people. although they
have that mercenary idea, remain pure,
and their conduct is unexceptionablc,
no court of equity will set aside a con-
veyance from the husband TO the wife
because the wife does not love her hus-
band, or because the husband does not
love the wife.
Courts of equity can not measure
this mysterious thing called love and
affection-can't determine where the
standard is that will support or defeat
q conveyance. 1t is beyond the do
mains of the courts of law or equity.
So that 50 long as this defendant in
tended and purposed To continue to be
the wife of the plaintiff and to live with
him at his home or her house, and to
make her conduct to him and the world
that of = respectable wife, the court
can find no fault With her. although it
believes there was an entire absence of
affection and love on her part.
1T appears TO the court that she mar
ried him without love, believing that he
was wealthy and tyould furnish hor n
good home, surround her with comfort
and luxury, and that her purpose was
to make the best OF It. although it was
barren 10 her heart, and that condition
and frame OF mind continued up to
and at the time of this first conveyance,
and that the first conveyance. made on
the Sd day of October, 1885,, as BIRTH
day present. was a voluntary deed of
gift by this man in consideration Of